LIEB BLOG

Legal Analysts

Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Friday, January 12, 2024

Enhancing Transparency: New Law on Disclosure of LLC Beneficial Owners

On December 22, 2023 Governor Hochul signed Bill A3484A amending New York State's limited liability company law and the executive law. This new amendment will significantly transform the landscape of limited liability companies (LLCs) in New York. How will this bill accomplish this? By eradicating anonymous ownership of LLCs. 


This amendment defines beneficial ownership while also mandating the disclosure of beneficial owners upon the formation of an LLC, and publicizing this information in New York State's business entity database. 


This change to the law stems from concerns about the repercussions of anonymous corporate ownership. It highlights the misuse of anonymous LLCs for various illicit activities, including tax evasion, funding criminal organizations, money laundering, and even hindering routine code enforcement.


This legislative move aligns New York State with global efforts to foster transparency in corporate ownership. By mandating disclosure and establishing a public database, this change to the law aims to curtail illicit activities associated with anonymous ownership while protecting genuine privacy concerns through specific exemptions and waivers.


The transparency this law brings will save time, money, and resources for those suing an LLC. This will reduce unnecessary motion practices and other additional steps that had been required in order to determine who to serve when suing an LLC. 


This bill stands as a significant step towards a more transparent and accountable business landscape in New York State.


This law comes into effect on December 21, 2024, 365 days after being signed by the Governor. To learn more about Bill A3484A , click here


Friday, June 05, 2020

Are You Ready to Reopen Your Business? Here is Your 5-Step Plan

5-Step Plan to Reopen Your Long Island Business

We are reopening throughout Long Island!

Phase 2 is Wednesday - Are you ready to open your business?  

Reopening isn’t just going back to work – there are 5 steps that businesses must take to open their doors if they want to avoid legal troubles.

Step 1. Review the applicable guidance for reopening & affirm that you will comply.

Each industry has tailored guidelines from NYS DOH, which represents the minimum requirements for you to reopen.
Before you open your doors, you MUST affirm that you have read the guidelines at this link.
Guidance for your industry can be located here.

Step 2. Formulate a business safety plan.

Each business MUST develop a written safety plan to prevent the spread of COVID.

The plan must be retained on the premises of the businesses and made available for inspection by DOH or your local health and safety authorities (zoning) upon request.

The sample plan provided by NYS is 7 pages long and includes a daily mandatory health screening assessment for employees and essential visitors, a requirement to record a log of all those physically present at the premises, cleaning requirements, and much more.

Start writing your plan now in compliance with the law if you plan to reopen.

Step 3. Create logbooks to comply and maintain policies.

You need to create forms to implement your plan. You need the health screening assessment developed, a logbook for cleaning, and a logbook for visitors. These can be inspected by DOH and other authorities so they better exist before you open your doors.

Step 4. Floor markings and PPE.

You are required to provide your entire team with PPE so it’s time to start ordering supplies yesterday. Plus, you need to place signage and floor markings throughout your premises to maintain proper social distancing. So, take out your tape and measuring stick to get going.

Step 5. Craft your message.

Your team and your customers need to understand your plan and how it impacts them, or they won’t follow it. So, you need to create a message, start getting it out there via email and make it available to everyone at your business. This message must explain your safety plan and the new policies that you will enforce for the rest of COVID. Getting buy-in is the key to proper implementation and protecting you from suit and negative PR.

Here is a radio clip with our employment lawyer, Mordy Yankovich, discussing how to comply and protect your business when you are ready to reopen – have a listen - Real Estate Investing with Andrew Lieb 6/7/20 - Seg 3: Advice for Phase 2 Business Owners Reopening.




Wednesday, November 27, 2019

New Law: Discrimination Commissions

On November 25, 2019, General Municipal Law 239-o was amended to have local Commissions on Human Rights take into account all of the NYS protected classes when seeking to foster mutual respect and understanding in the community.

The protected classes are:

  1. ages
  2. races
  3. sexual orientation
  4. gender identity or expression
  5. military status
  6. sex
  7. disability
  8. predisposing genetic characteristics
  9. familial status
  10. marital status
  11. domestic violence victim status 
  12. creed
  13. color
  14. national origin

Tuesday, November 26, 2019

LIBOR / NYSAR - We just don't get it

On November 21 - we posted the blog Dear LIBOR - Lieb School has a question about your Fair Housing Courses where we advised that the statute requires that real estate licensees only be taught with "attorneys presenting legal subjects".

Now, Newsday is reporting a quote from NYSAR's CEO - "We are requiring all of our instructors that want to teach fair housing to go through a training course that will be run by an independent fair housing group before they can teach for us again,” MacKenzie said.

What?

You can't have them go through a training to become attorneys - they have to pass the Bar Exam.

Can't you all just follow the law?


Liebschool.com - where the law is followed